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Formula esecutiva

Under Article 475 of the Italian Code of Civil Procedure, judgments and other legal measures issued by the judicial authority, as well as deeds by the notary or public officials, need to be accompanied by a formula esecutiva to be enforceable, except when the law provides otherwise.

In practice, to proceed with enforcement, it is necessary to request the formula esecutiva from the 1) registrar of the judicial authority or 2) notary or public official, in consonance with the relevant title. The Formula esecutiva consists in a notice ordering all judicial officials involved in the enforcement of the title, as well as ordering the Public Prosecutor, and, when legally applicable, all officials of the enforceable authority to render assistance. This notification is not appended to the original title but to copies, one to the concerned party and another that must be used to notify the party against which the enforcement proceeding was requested.

This concept does not exist in English law, rendering it impossible to translate the term with precision. It is suggested then the use of the most similar legal concept, in this case, writ of execution, which constitutes a judicial order commanding to enforce a judgment.

 

1 Comment

  • Domenico Marino

    The closest I could think of in common law to the formula esecutiva is something called a “mandamus”. This is usually issued by the judicial authorities in order to require the enforcement of a judicial order or something else that someone refuses to comply with. But the key difference is that under common law, the mandamus is not always needed in order to enforce compliance, but under civil law it is impossible to require compliance without a formula esecutiva.

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